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8. To require all persons who have received any monies belonging to the state, and have not accounted therefor, to settle their accounts;

9. To draw warrants on the treasurer for the payment of all monies directed by law to be paid out of the treasury; but no warrant shall be drawn unless authorized by law, and every warrant shall refer to the law under which it is drawn; '

10. To keep in his office all leases, mortgages, bonds and other securities for money given to the people of the state, unless otherwise specially directed;

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any

11. To deposit the certificates for stock of kind, owned by the people of this state, for safe keeping in such banks as he may select ;'

12. To vote, either in person or by proxy, in behalf of the state, at all elections of directors of banks or other corporations or joint stock companies at which this state is entitled to vote;"

13. To procure from the books of the banks in which the treasurer makes his deposits, monthly statements of the monies received and paid on account of the treasurer;"

14. To countersign and enter all checks drawn by the treasurer, and all receipts for money paid

1 R. S., 388, § 1; 408, §§ 21, 22;

390, § 12.

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Ib., 391, § 19.

1 R. S., 391, § 20.

Ib., 391, § 16.

Ib., 389, § 8.

to the treasurer; and no such receipts shall be evidence of payment, unless so countersigned ;'

15. To keep an account between the state and the treasurer, and therein charge the treasurer with the balance in the treasury when he came into office, and with all monies received by him, and credit him with all warrants drawn on and paid by him;'

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16. To examine carefully on the first Tuesday every month, or oftener if he deems it necessary, the accounts of the debts and credits in the bank books kept by the treasurer, and if he discovers any irregularity or deficiency therein, unless the same be rectified or explained to his satisfaction, to report the same forthwith, in writing, to the governor;'

17. To require, from time to time, all persons who have received monies or securities, or have had the disposition or management of any property of the state, of which an account is kept in his office, to render statements thereof to him; and all such persons shall render such statement at such time and in such form as he shall require.*

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102. He has power to require any person Oath to a presenting an account for settlement to be sworn

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Repayment paid under mistake.

of monies

Releasing lands from

liens.

Disposition of certain

before him, and to answer orally as to any facts relating to its correctness.

1 R. S., 389, § 5.

§ 103. Whenever he is satisfied that monies have been paid into the treasury through mistake, he may draw his warrant therefor on the treasurer, in favor of the person who made such payment; but this provision shall not extend to payments on account of taxes, nor to payments on bonds and mortgages.

1 R. S., 391, § 18.

§ 104. He may, with the consent of the attorney-general, if they are satisfied that the interests of the state will not be prejudiced, release any portion of real property, subject to a judgment in favor of the people of this state, from the lien created by such judgment; and he may also acknowledge satisfaction of a judgment in favor of the people, when it is satisfied by payment. 1 R. S., 406, §§ 6, 9.

§ 105. Whenever any real property mortgaged monies. to the people of this state, or bought in for the

surplus

benefit of the state, or for which a certificate shall have been given to a former purchaser, is sold by the attorney-general on a foreclosure by notice, or under a judgment, or is resold by the state engineer and surveyor, for a greater sum than the amount due to the state, with costs and expenses, the surplus monies received into the treasury, after a

conveyance has been executed to the purchaser, shall be paid to the person legally entitled to such real property at the time of the foreclosure or of the forfeiture of the original contract; but the comptroller shall not draw his warrant for surplus money, unless upon satisfactory proof by affidavit or otherwise, of the legal right of such person.

1 R. S., 407, § 10.

of certain surplus

§ 106. Whenever any real property purchased Disposition by the attorney-general in behalf of the state on moneys. the foreclosure of mortgage, is resold by the commissioners of the land office for a greater sum than the amount bid by the attorney-general on such purchase, the comptroller shall give credit to the mortgagor, on his bond, for the amount at which the same were resold, after deducting therefrom the costs and expenses of such sale; and if the same be resold for an amount greater than the amount due to the people of this state from the mortgagor, or if the mortgagor shall have paid into the treasury the balance due on his mortgage, after the purchase by the attorney-general; and if on the resale thereof by the commissioners of the land office, there is any excess above the amount due to this state, and the costs and expenses of such foreclosure, purchase and sale, the comptroller shall refund such excess to the mortgagor, his assignee or other person entitled thereto; and if there be interfering claims to such surplus moneys the comptroller shall refer such claims to the attor

Comptrol. ler to purchase fuel,

&o.

ney-general, whose decision, as to the rights of the respective claimants, shall be conclusive in respect to any claim against the state.

1 R. S., 407, §§ 11. 12.

§ 107. Fuel and stationery for the senate and assembly, and the requisite stationery for recording their official proceedings, fuel and stationery for the several state offices except those of the bank superintendent and the insurance superintendent, and fuel to be used in the capitol, so far as a probable estimate thereof for a year or less period can be made, shall be purchased on sealed proposals to be received on public notice. The comptroller shall employ the proper agents to execute this section; shall fix, and, by his warrant on the treasury, pay their compensation, and the expense of the purchases. He shall from time to time make regulations in respect to giving such notice and accepting proposals, and requiring security for performance, and in respect to preserving the fuel and stationery, distributing them to the proper offices and departments for use, and accounting for the use thereof; which regulations, and the purchases and distributions made, he shall report to the legislature at their annual session. The cost of the fuel and stationery distributed to the canal department shall be refunded to the treasury by the commissioners of the canal fund.

1 R. S., 391, § 26.

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